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    <title>2005 (11) TMI 318 - CESTAT, NEW DELHI</title>
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    <description>Conflicting tribunal views on deemed Modvat credit under Notification No. 58/97-C.E. led to reference for authoritative resolution. The notification was read as containing both an enabling provision and a restrictive condition requiring direct receipt of inputs under an invoice declaring payment of excise duty. Earlier decisions differed on whether credit could be denied where the invoice stated duty would be discharged under Rule 96-ZP(3), or where departmental reports suggested duty was not discharged. In light of that conflict, the matter was placed before the President for constitution of a Larger Bench, and no substantive eligibility ruling was made.</description>
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      <title>2005 (11) TMI 318 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=116858</link>
      <description>Conflicting tribunal views on deemed Modvat credit under Notification No. 58/97-C.E. led to reference for authoritative resolution. The notification was read as containing both an enabling provision and a restrictive condition requiring direct receipt of inputs under an invoice declaring payment of excise duty. Earlier decisions differed on whether credit could be denied where the invoice stated duty would be discharged under Rule 96-ZP(3), or where departmental reports suggested duty was not discharged. In light of that conflict, the matter was placed before the President for constitution of a Larger Bench, and no substantive eligibility ruling was made.</description>
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